Statement Re Cameroon Mining Arbitration Matter
ICC tribunal issued US$600m+ award to Burford's counterparty; Burford entitled to over AUD$250m if paid in full, subject to litigation and collection risks.
- Award to counterparty US$600 million
- Burford's potential entitlement if paid in full AUD$250 million
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Burford Capital Limited ("Burford"), the leading global finance and asset management firm focused on law, today reports that an ICC International Court of Arbitration tribunal issued an award in favor of one of Burford's counterparties in an amount exceeding US$600 million. If the award were to be paid in full today, Burford's entitlement would be more than AUD$250 million, with all of the return accruing to Burford's balance sheet and no participation by Burford's investment funds.
Burford has elected to issue this release in light of its counterparty's expected public announcement. Investors should not view this release as altering Burford's general approach to public disclosure of individual matters.
The issuance of the award does not represent cash proceeds received by Burford. The case remains subject to significant litigation and collection risks, including potential annulment, set-aside or other post-award proceedings, as well as enforcement, collection and collateral litigation in other jurisdictions. As with all arbitration and litigation, the outcome remains uncertain until final resolution, and there can be no assurance as to the timing or amount of any ultimate recovery. Depending on the outcome of such proceedings, Burford could recover substantially less than the amount set forth above or, in certain circumstances, incur a total loss. Litigation matters also frequently resolve for amounts materially below the face amount of an award or judgment, and the parties could agree to resolve this matter for considerably less than the amount of the award. Burford's ultimate entitlement, if any, will also depend on the terms of its financing agreement and applicable fees, expenses, taxes and other deductions. In addition, if settlement or other resolution discussions occur, Burford may be unable to comment publicly on those discussions until their conclusion. Burford disclaims, to the fullest extent permitted by law, any obligation to update its statements regarding this matter as the proceedings continue.
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